Jorgen v. Kierulff v. Metropolitan Stevedore Company

This is an action filed by appellant here (plaintiff below) for infringement of United States Patent No. 2,919,042, issued December 29, 1959. Application therefor was filed October 8, 1956. The invention related to a shiploading device and, in particular, to a device for loading scrap metal in the hold of a ship. The answer set up defenses of invalidity, license, lack of infringement, and laches constituting estoppel.

The invalidity was urged on several theories — the indefiniteness of language in Claim 1; lack of invention; prior use; prior art, etc. But primarily the appellee here (defendant below; hereinafter referred to as Metropolitan) relied upon two theories:

A. An oral license to Metropolitan from "National,” appellant’s then employer and a claimed owner of the invention, and

B. An oral license or shop-right by reason of appellant’s acquiescence in Metropolitan’s building of the accused device, to appellant’s certain knowledge.

The trial judge originally entered an order on March 20, 1961, granting partial summary judgment. A motion for reconsideration was granted and findings of fact, conclusions of law and judgment theretofor entered on March 21, 1961, were vacated…